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Private Rented Accommodation Standards

Dáil Éireann Debate, Tuesday - 27 November 2018

Tuesday, 27 November 2018

Questions (627)

Eoin Ó Broin

Question:

627. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government his plans to combat the online advertisement of lettings that contravene Housing (Standards for Rented Houses) Regulations or legislation relating to overcrowding; and if he will make a statement on the matter. [49379/18]

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Written answers

Minimum standards in rental accommodation apply to all properties let or available to let. Where someone believes that a property is being made available to let in breach of the standards, the matter should be referred to the relevant housing authority. Any person who neglects or refuses to comply with requirements under the Act is guilty of an offence. Fines for non-compliance with the Housing (Standards for Rented Houses) Regulations 2017, which came into force on 1 July 2017, have been increased, with the maximum fine increased from €3,000 to €5,000 and the daily fine for a continuing offence increased from €250 to €400.

Overcrowding and unfit houses are legislated for under Part IV of the Housing Act 1966. The 1966 Housing Act already establishes effective limits on the numbers of people that can occupy the same bedroom. The Act requires, inter alia, that there is at least 400 cubic feet of free air space for each person in a bedroom.

Local Authorities are responsible for the enforcement of this legislation. Overcrowding may give rise to concerns in respect of fire safety, and may lead to enforcement action by fire authorities. Situations of overcrowding should be reported to the relevant local authority. Under the Act, a local authority can prohibit the use of an overcrowded dwelling, irrespective of whether it is being let or not, and can serve notice on the owner of a dwelling specifying the maximum number of persons that may occupy it without causing overcrowding. If the owner of a house is causing or permitting the house to be overcrowded, the authority can require the owner to desist from this and any person who neglects or refuses to comply with these requirements is guilty of an offence.

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